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May 19, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 75 (down from 86) Currently positive-testing staff: 248 (up from 236) Recovered inmates currently in the BOP: 51,746 (up from 51,730) Recovered staff: 12,642 (up from 12,635)


Institutions with the largest number of currently positive-testing inmates:

Rochester FMC: 7 (unchanged)

Oklahoma City FTC: 7 (unchanged)

Waseca FCI:5

Institutions with the largest number of currently positive-testing staff:

Rochester FMC: 30 (unchanged)

Central Office HQ: 20 (unchanged)

Victorville Medium I FCI: 14 (up from 13)

System-wide testing results: Presently, BOP has 138,744 federal inmates in BOP-managed institutions and 13,461 in community-based facilities. Today's stats: Completed tests: 128,718 (up from 128,717) Positive tests: 55,366 (up from 555,365)


Total vaccine doses administered: 318,008 (up from 317,628)


Case Note: Court grants sentencing reduction because defendant plead with § 851 enhancement hanging over his head, which today would not apply...


In U.S. v. DA'SHAWN LEE EDWARDS, 2022 WL 1557045 (W.D. Va. May 17, 2022) (Urbanski, CJ), the court grants defendant a sentence reduction because defendant plead guilty shortly after the Gov’t filed notice of a § 851 enhancement, which would not apply today due to non-retroactive changes to § 851, explaining: "On October 19, 2017, the government gave notice of enhanced punishment as to Edwards pursuant to 21 U.S.C. § 851. The notice was based on Edward's previous conviction in state court for possession with intent to distribute heroin. ECF No. 182. Edwards served approximately five months on the state court conviction. Presentence Investigation Report (PSR), ECF No. 394 ¶ 44. On January 11, 2018, Edwards entered into a Rule 11(c)(1)(C) plea agreement in which he pled guilty to Count 1 of the indictment, conspiracy to distribute heroin. The parties agreed to a sentencing range of 144 to 180 months and the government agreed to dismiss the notice of enhanced punishment. Plea Agreement, ECF No. 257. Edwards pled guilty the same day. … His offense level of 27 combined with his criminal history category of III gave him a guidelines range of 87 to 108 months. Had the government not withdrawn the § 851 enhancement, Edwards would have faced a statutory mandatory minimum sentence of 240 months. 21 U.S.C. § 841(b)(1)(A) (2010). On April 24, 2018, Edwards was sentenced to a term of 168 months to be followed by a 5-year term of supervised release. Edwards received credit for 14 months he served in state custody. J., ECF No. 413. Edwards has served approximately five years of the sentence and with credit for good conduct, he has a projected release date of March 11, 2028. … In this case, Edwards' argument is based on a change to 21 U.S.C. § 841(b)(1)(A) which occurred as part of the First Step Act. … Thus, today, in order for a sentence to be increased under § 841(b)(1)(A), a person must have a prior conviction for a “serious drug felony” rather than a “felony drug offense,” meaning he must have served more than 12 months on the offense. … It is undisputed that Edwards did not serve 12 months on the underlying drug charge that was cited as the predicate offense for the § 851 enhancement. If Edwards were sentenced for the same conduct today and the § 851 enhancement did not apply, he would be subject to a mandatory minimum sentence of 120 months and a guidelines sentence of 87 to 108 months. PSR, ECF No. 394 ¶¶ 32-42; 21 U.S.C. § 841(b)(1)(A); USSG Ch 5 Pt A. In the context of Edwards' plea agreement, with the § 851 enhancement off the bargaining table, the plea agreement framework would have been substantially different. Namely, the government would not have been able to threaten Edwards with a 240-month sentence and Edwards would have had no incentive to agree to a sentencing range of 144 to 180 months. … Here, the 4-year difference in the sentences is almost thirty percent of Edwards' current sentence and is 4 years of his life, which is significant. The court finds that the 4-year disparity between Edwards' current sentence and the sentence he would likely be given for the same conduct today, meets the threshold discussed in McCoy, and is an “extraordinary and compelling” reason to warrant a sentence reduction under § 3582(c)(1)(A).”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional COVID-related inmate fatalities, leaving the total at 295. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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